Middleton v Director of Public Prosecutions

In *Middleton v Director of Public Prosecutions*, the applicant sought leave to appeal against a sentence imposed by a sentencing judge, with the application being made out of time. The core of the dispute revolved around the applicant's medical condition, the extent of which was not presented to the original sentencing judge.

The central legal issue before Loukas-Karlsson J was whether leave to appeal out of time should be granted. This required the court to consider the applicant's explanation for the delay in filing the appeal and to assess whether the admission of fresh evidence concerning the applicant's medical condition could demonstrate a possible miscarriage of justice in the original sentencing.

Loukas-Karlsson J granted leave to appeal out of time. The decision indicates that the court was satisfied with the applicant's explanation for the delay and, crucially, that the fresh evidence regarding the applicant's medical condition raised a sufficient question of a possible miscarriage of justice to warrant a full appeal.